JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The petitioner joined as a trainee officer of the Coast Guard as Assistant Commandant. She was employed as a Deputy Commandant of the Coast Guard, Mumbai and subsequently retired from her services on December 25, 2021. She was posted in 88 ACV Squadron, Haldia during the relevant point of time when the subject incidents allegedly took place. The respondent no. 7 was the Commanding Officer of the Coast Guard at Haldia at the relevant juncture. The petitioner complains that she was sexually harassed by respondent no. 7. The complaint was taken up by the Internal Complaints Committee (ICC). The ICC, upon giving opportunity of hearing to all concerned, dismissed the complaint on all counts, against which the present writ petition has been preferred by the writ petitioner.

2. At the outset, the respondents raise an objection as to maintainability of the writ petition since a previous writ petition preferring the same challenge was dismissed for default. It is argued that the principle embodied in Order IX Rule 9 of the Code of Civil Procedure is applicable to writ petitions as well. Since at the time of dismissal of the previous writ petition, the